This story is one for the international law books (I think), and I'm guessing how this turns out will have implications for US-Brazil relations, and also at the development of law with regard this topic.
Here's where the story begins. David Goldman, the father of Sean, married a Brazilian girl. All went well at the start of their happy relationship. One day, the Brazilian wife decides to go on a vacation to her home country Brazil, taking Sean with her. When she got there, she called-up David in New Jersey telling him that she wants a divorce, and that she's keeping the kid. The girl remarries, but later on dies, leaving the kid with her stepfather. Ever since, David has been battling for custody in the Brazilian courts. However, the local Brazilian courts ruled that the kid should stay with the stepfather.
The story has, I think, gained international attention and significance, more so since US Sec of State Hilary Clinton has taken a special interest in the case. The Brazilian government, through its ambassador, has said that it is their governments view and opinion that the kid should be returned to the US; however, they also stressed that the judiciary is accorded respect and independence in their country, and that the executive branch must respect the decisions of their courts.
What are the legal and even political problems here? Legally, I think it's a question of who should have custody of the child, and what law should govern the case (US or Brazilian law?). I'm not sure of the basis of the Brazilian courts ruling, but I'm guessing they said that the child should stay in Brazil because the stepfather has been taking care of him, or perhaps he has already been legally adopted by the stepfather. On the other hand, under Children's Rights Law, the best interest of the child should always be the paramount consideration; and in relation to this, the child should, as much as possible, be with the biological parents. Another problem that the Brazilian courts should consider is that their decision can affect the political relations of their country, and perhaps they should not disregard the foreign policy considerations of their government. Also, I think there is also a pending case in the US courts, and conflicting decisions could pose a problem for the two governments.
A US Government report said that about 3000 US children have been "kidnapped" by their foreign parents and brought to other countries. Whethere you view this case as kidnapping or otherwise, I think it all boils down to what is best for the child. If he wants to be raised as a Brazilian, then let him stay. But if he wants to be wit his biologocal father, then he shoudl be returned, regardless of what the legal complexities are. In the end, we should always remember that the best interest of the child shoudl be the paramount and supreme consideration in making decisions.
More on this as news comes in...
Unless there was a situation of domestic abuse, and well that's not in any of the court documents. The mother was wrong to take the child from the father, and say you can only see him if you give me custody.
ReplyDeleteChildren deserve to have a relationship with both parents, and the mother acted quite selfishly in this regard.
In the end how can the child make a "correct" choice between Brazil and the United States when he's grown up thinking that his father abandoned him and didn't want to see him? Also, letting him stay in Brazil with the family that denied his father access to him, rewards that family's behavior.
It is wrong for one parent to deny their child a relationship with the other parent.